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Washington Journal of Law, Technology & Arts Issues

Volumes 1 - 5 were published under the journal name "Shidler Journal of Law, Commerce + Technology".

Volume 3

Issue 4 Spring 2007

ArticleTitleAuthor
13 Digitized Book Search Engines and Copyright Concerns

abstract   full article

Ari Okano
14 When is § 230 Immunity Lost?: The Transformation from Website Owner to Information Content Provider

abstract   full article

Karen Alexander Horowitz
15 Cases in Wake of Dastar v. Twentieth Century Fox Continue to Narrow the Scope of a "Reverse Passing Off" Claim

abstract   full article

Jared Barrett
16 Electronic Health Records: Interoperability Challenges Patients' Right to Privacy

abstract   full article

Laura Dunlop

Issue 3 Winter 2007

ArticleTitleAuthor
8 Follow that Car! Legal issues arising from installation of tracking devices in leased consumer goods and equipment

abstract   full article

Leah Altaras
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

In a recent case of first impression, Barton v. U.S. District Court for the Central District of California, the U.S. Court of Appeals for the Ninth Circuit held that an online communication involving an online intake form filled out by prospective clients gave rise to an attorney-client relationship governed by the duty of confidentiality and subject to attorney-client-privilege. The Ninth Circuit’s multi-factored analysis suggests a modified framework for evaluating when the duty of confidentiality and attorney-client relationship can be formed through online communications. This Article discusses Barton’s implications for attorneys and law firms that communicate with clients and potential clients online. Attorneys should be able to avoid an unexpected duty of confidentiality created through an online communication by clearly defining the attorney-client relationship and adhering to the Rules of Professional Conduct.

full article

Kelcey Nichols
11 Enforcement of Contractual Terms in Clickwrap Agreements: Courts Refusing to Enforce Forum Selection and Binding Arbitration Clauses

abstract   full article

Rachel Cormier Anderson
12 E-Contract Formation: U.S. and EU Perspective

abstract   full article

Sylvia Mercado Kierkegaard

Issue 2 Autumn 2006

ArticleTitleAuthor
5 Clicking Away the Competition: The Legal Ramifications of Click Fraud for Companies that Offer Pay Per Click Advertising Services

abstract   full article

Daniel L. Hadjinian
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop

Issue 1 Summer 2006

ArticleTitleAuthor
1 Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.

abstract   full article

Shan Sivalingam
2 The Union Workplace Meets Big Brother: Advising clients on employer conduct with regard to hidden surveillance

abstract   full article

Jamila Asha Johnson
3 Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music

abstract   full article

Jared Barrett
4 Don't Send that E-Mail to a Minor!: Compliance with State Child Protection Registry Statutes

abstract   full article

Laura Dunlop